Divorce With Benefits ?

[Btechrc]

I am married to a thai woman for almost 8 years here in thailand, but recently the things together has getting worst in so many ways that we cannot longer keep support or see each other and i want to divorce. (nothing about unfaithful or other person in between each other or both sides)

At the time we fill for divorce, do we have to split our goods ? (specially money, car selling, etc)

 

The money that we made during the time being together each other, has to divide or just keep all for my wife ? nothing for me ?

 

If the money has being administrate under her name, i cannot have any chance to get back part of that money ? yes or not.

 

Anytime soon the divorce will commit how much time i have to remain in thailand ? actually i have Non O Visa. (Renewed every year)

 

Any advice, please help.... (phone number, lawyer, advice, etc).

 

RC

 

 

Edited May 5, 2018 by Btechrc
mistyping words

[metisdead]

Moved to the Marriage and Divorce forum. 

[Btechrc]

Thank for answer, can you please give me the link where to post my case properly ?

RC

[metisdead]

2 minutes ago, Btechrc said:

Thank for answer, can you please give me the link where to post my case properly ?

RC

 

Your post is now in the correct forum, nothing else to do now except to wait for advice from the knowledgeable members. 

[Sheryl]

Assets acquired during the marriage (money, property) are by law divided 50/50.

 

You'll have to explain what you mean by "If the money has being administrate under her name" though

[BEVUP]

I'm not sure about the knowledgable bit

Ah I see Sheryl has answered

Ok I will keep simple

As mentioned by Sheryl - Anything aquired during marriage is 50/50 

If you bought everything for wife prior to marriage it will be classed as hers & hers only

I see you may have have bought her a business & she earnt a reasonable income from that or she is gainfully employed - as mentioned I guess all income (cash ) would need to be declared (I would say only savings )

[Btechrc]

i was meaning to say, i allowed her to put everything on her name during married time, banks account, purchases, expenses, all, nothing on my name, maybe smart from her side from the very beginning she propose that and foolish or stupid from my side to accept all because i believed her and i am not the kind of person who like to fight and solve in the peaceful way or clear legal way,

We officially married back in 2011, in an goverment office.

[BEVUP]

3 minutes ago, Btechrc said:

i was meaning to say, i allowed her to put everything on her name during married time, banks account, purchases, expenses, all, nothing on my name, maybe smart from her side from the very beginning she propose that and foolish or stupid from my side to accept all because i believed her and i am not the kind of person who like to fight and solve in the peaceful way or clear legal way,

We officially married back in 2011, in an goverment office.

Ok doesn't sound to bad 

So I take it the house / car / ect was bought during marriage - then it's 50/50

Purchases / expenses may be classed as every day living ( pending )

It would be best to solve this outside of a court

But would she have the funds to buy you out or would the need be to go through the courts & force a sale

[Btechrc]

there is no chance she can argue something or refuse to split the money 50/50 ?

 

does she can get any strong support from thai law or immigration and kick me out with empty pockets and perhaps from the country also ?

[BEVUP]

8 minutes ago, Btechrc said:

there is no chance she can argue something or refuse to split the money 50/50 ?

 

does she can get any strong support from thai law or immigration and kick me out with empty pockets and perhaps from the country also ?

Well that's another story

It may depend on how peed she is & how far she is willing to go 

But the old saying is you better have the evidence to back it up

[Sheryl]

she cannot get any "strong support from immigration" to kick you out but if your extension of stay is based on marriage to a Thai, that will be voided after the divorce (automatic, not because she wants it) and you will have to find other means if you wish to stay in the country e.g. extension of stay for purpose of retirement if you qualify etc.

 

As far as getting "strong support from Thai law", as explained under Thai law everything acquired after the marriage is split 50/50. To get around this she would have to somehow claim the asset was hers from before the marriage. Hope you have clear records.

 

The big problem is not so much what the law will say as getting it enforced. If she makes off with all the money (which it sounds like is in her name alone, so easy for her to do), or other asset,  getting it back will be difficult to impossible. 

[Btechrc]

Dear Sheryl, i am very clear to understand my legal status will be void inmediatelly after the divorce, but i suppose this cannot be done (void) on the process of divorce, or is it ?

actually i have to check my stay every 90 days and every year we have to show our face and commitment on immigration with probes as the law requires.

 

There is any way she can deny to go to immigration with me (one year register) trying to screwed my stay in thailand ? (because actually at the end of this month we suppose have to go together to inmigration, for one year register and extension of non O visa.

 

Before on keep in going i am truly appreciate your advice and following of my case, Sheryl,

like i said before, i am a peaceful man and i never ever imagine i will reach this point with my wife, since i came to live in thailand.

 

Just couples of questions more.

What you mean to say "hope i have clear records" ?

What means if right now everything is in her name alone?

 

RC

[Sheryl]

I mean clear records showing the assets were acquired after marriage.

Your existing extension of stay is not invalidated until you are divorced. However if you are near the end of it (date currently in your passport) she can certainly prevent you from getting another year, all she has to do is refuse to go with you to immigration etc.

Sent from my SM-J701F using Thailand Forum - Thaivisa mobile app

[Btechrc]

Got it, Apreciate, thanks Sheryl

 

RC

[AsiaHand]

It is suggested that you do it alone ,in the cover of darkness. hehehe

[The Theory]

If the situation between you 2 is not friendly, perhaps the cash money already is out of your hand and in this case how are you going to handle the cost of divorce if you have any plan to fight back. 

You better get ready for worst case scenario to prevent any surprise. 

[natway09]

Your reason for divorce all sounds a bit murky to me.

Take what you want  & see how that goes down !!

[realenglish1]

The law in Thailand is clear Its a 50 50 split while you are married

 

Do the math

[Btechrc]

2 hours ago, The Theory said:

If the situation between you 2 is not friendly, perhaps the cash money already is out of your hand and in this case how are you going to handle the cost of divorce if you have any plan to fight back. 

You better get ready for worst case scenario to prevent any surprise. 

friendly or not, i guess the law is the law in thailand or anywhere in the world where this kind of situation can solve in the legal way.

I am totally straight on this country i never broke any rule, perhaps that can help me or support me to get everything done

if she want to find tricky ways or dirty arguments i have proves that can clear all in the name of true with a good lawyer, off course

lets see what happend.

Thanks for your advice of worst case scenario, by the way.

 

RC

[Btechrc]

27 minutes ago, natway09 said:

Your reason for divorce all sounds a bit murky to me.

Take what you want  & see how that goes down !!

Probably it seen murky at first sight, as you said, but when you sleep with a person who supposed be your partner for forever with a knife on her back is not a good sign,

Do you think that knife is to protect me from predators who approach to me on any way when she really never explain what is the purpose of that knife ?

 

RC

[sead]

Divide hmm. It depends on what she lets you keep. Just be very nice to her untill its settled. 

[cracker1]

The money in the bank now could well disappear very quickley when she hears about your divorce plans (and perhaps the car) ?

[Grauwulf]

Sorry RC for your case I would’ve been long gone at the first sign of a knife....you know how emotional Thais can get....